도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is too unreasonable that the lower court’s punishment (one year of imprisonment, two years of suspended execution, two years of probation, community service, 160 hours of education, 40 hours of education) is too unreasonable;
2. It is recognized that the judgment defendant recognized the crime and opposed to it.
However, even though the Defendant had been sentenced to each fine due to the violation of the Road Traffic Act due to the refusal of measurement of alcohol around February 2019, the Defendant again committed the instant crime of drinking alcohol, considering the following factors: (a) the Defendant’s blood alcohol level at the time of the instant crime is high to 0.16%; and (b) the Defendant’s age, character and conduct, environment, etc., and all of the sentencing conditions indicated in the arguments and records, the lower court’s sentence against the Defendant is too appropriate and too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.